Legal encyclopedia. The letter O

INSPECTION OF EVIDENCE.

Evidence - factual data on circumstances relevant to the proper consideration of a civil or criminal case, obtained and fixed in the procedure established by procedural law.

Inspection of the scene of the incident, terrain, dwelling or other premises, as well as items and documents, is carried out in order to detect the traces of the crime. Inspection helps to clarify the circumstances that are important for the case.

Inspection - a set of actions, consisting in direct visual perception by the person who carries out preliminary investigation of material objects and their connections with the purpose of detecting traces of the committed crime and ascertaining the circumstances that are important for the resolution of the criminal case. The prosecutor, the investigator, the head of the investigation department (in this case he is entitled to the investigator's powers) and the investigator are entitled to inspect the evidence in the criminal case.

The grounds for the inspection are the reasonable assumptions of the person about the possibility in the course of his conduct to obtain factual data confirming or refuting the presence of signs of a crime sufficient to resolve the issue of initiating a criminal case or establishing circumstances relevant to the case.

Objects of inspection can be the scene of the accident, housing, objects and documents, traces of crime, corpse, postal and telegraphic messages. Also it is possible to single out vehicles as an object of inspection. Depending on the object of inspection, the types of inspection are distinguished.

The scene of the incident is an open or enclosed site of a terrain or pond, a building, vehicles or any parts thereof within which traces of a crime or other evidence relevant to the case were found.

The terrain as an object of inspection is an open or closed plot of land where circumstances that are relevant to the case can be revealed, or traces of a crime can be found. The object is an object of the intangible world, in any measure connected with a criminal event, or bearing on itself those or other traces of the influence rendered during the commission of a criminal assault.

A document is a business paper that confirms a fact that indicates an event, circumstance bearing some traces of a crime.

Inspection in the criminal process can also be carried out in court at any time during the judicial investigation. In this case, the inspection is carried out at the request of the parties. Persons who have exhibited material evidence can draw the attention of the court to circumstances of importance to the case. The court can also be produced at the place of their location.

The inspection conducted in the course of civil proceedings differs significantly from the examination in the criminal trial by the fact that in civil proceedings it is carried out by a court and the evaluation of evidence is based on internal conviction.

Material evidence is examined by the court and presented to the persons participating in the case, their representatives, in necessary cases also to witnesses, experts and specialists. Persons who are presented with this evidence can draw the court's attention to certain circumstances related to the examination. These applications must be entered in the record of the court session.

Written or real

Evidence that is impossible or difficult to bring to court, examined at their place of location or in another place designated by the court. On the production of on-site inspection by a court, a determination must be made. The persons participating in the case, their representatives are notified of the time and place of the production of such an inspection, but their failure to appear does not prevent the inspection. If necessary, witnesses, specialists and experts are involved in the examination. The results of the on-site inspection shall be recorded in the record of the court session. Attached to it are plans, diagrams, drawings, copies of documents made during the examination of photographs, video recordings of written or physical evidence, including expert opinions and expert advice in writing.